Call for a Public Inquiry into the Policing of the Shell/Corrib Gas Project

Call for a Public Inquiry into the Policing of the Shell/Corrib Gas Project by the named eminent individuals and parties listed below

We support the recent demands for an inquiry into allegations of systemic Garda corruption and violence. We believe any such inquiry should include the Shell/Corrib pipeline police operation in North West Mayo. This is one of the longest running police operations in the history of the Irish state and has drawn critical attention from national and international human rights organisations1 since 2006 over the alleged violence and intimidation used by Gardaí against campaigners.

In 2007, campaigners submitted complaints en masse against the Gardaí to the newly established Garda Síochána Ombudsman Commission (GSOC). Out of the 111 complaints received by GSOC between May 2007 and November 2009, 78 were deemed admissible and 7 sent to the DPP. The DPP rejected prosecution in all 7 cases. The majority of campaigners have since stopped submitting complaints to GSOC. In 2010, complaints from 400 Kilcommon residents were submitted to Shell’s Belmullet office detailing the “escalating physical and psychological harassment” continuing in the area. In 2012, residents again submitted a mass complaint, this time to Mayo County Council, outlining serious grievances arising out of the project, including experiences of private security and state policing, with no result. Any inquiry into the policing of the Shell/Corrib Gas Project cannot ignore the following extract from the minutes of the Shell Committee of Managing Directors meeting held in London 22/23 July 2002:”It was noted that development of the Corrib field may be delayed until 2004 as planning consent had been refused for the terminal. The committee queried whether the Group had sufficiently well placed contacts with the Irish government and regulators. Paul Skinner undertook to explore this issue further in consultation with the Country Chairman in Ireland”.

In 2007, GSOC requested to conduct a “practice, policy and procedure” investigation into the police operation but this was turned down by the then Minister for Justice, Brian Lenihan. In 2009, the then Garda Commissioner Fachtna Murphy ignored recommendations from GSOC that a senior Garda on the operation face disciplinary action. The following year, two officers on secondment to GSOC tasked with addressing the body of complaints in relation to the policing of the Shell/Corrib gas project gave their apologies to campaigners before returning to New Zealand. In 2011, following the tape controversy, in which members of the Gardaí were recorded joking about raping and deporting female protestors, campaigners publicly stated that they believed GSOC’s response to the controversy amounted to “blame the victim” tactics through a campaign of spin and misinformation. Quite understandably, there is now no faith in GSOC as it currently exists and any inquiry by GSOC into the Shell/Corrib gas police operation would be dysfunctional, particularly as this inquiry should include the failings of GSOC.

Human Rights organizations who have expressed concerns about the Shell/Corrib pipeline police operation include Global Community Monitor, Frontline Defenders, Amnesty, TABLE, United National Human Rights Commission and most recently South African archbishop Desmond Tutu who called for an “urgent and comprehensive” independent inquiry into the policing of the Shell/Corrib gas project. Despite this at no stage has the Garda Commissioner or senior Garda management requested advice from the Strategic Human Rights Advisory Committee in relation to the policing of the Corrib gas project.

Some Issues to be addressed in formulating Terms of Reference for an Inquiry into the Policing of the Shell/Corrib Gas Project

It is in the public interest that an independent public inquiry be conducted immediately into this police operation, including but not limited to, the following issues:

The legality of the no-arrest policy used throughout protests against the Shell/Corrib gas project from 2006 during which time campaigners were allegedly assaulted by Gardaí, resulting in the hospitalisation of several protestors.

The legality of the Garda practice of arrest with no-charge.

The legality of detaining large crowds without arrest.

Allegations of phone tapping by An Garda Síochána.

Alleged incidents relating to the operation of the Garda Water Unit in water-based protest situations.

Allegations that Gardaí made threats of sexual assault against protestors including the threat of rape.

Allegations of Garda practice of using roadblocks to selectively allow some people to pass and others not.

Allegations of Garda practice of searching individuals and vehicles with unclear reference to legislation or abuse of legislation.

Allegations of locally-based Gardaí not providing equal service to residents associated with the campaign.

The use of batoning, assault and the pressure point technique (designed to inflict pain to force a protestor to comply with a direction), specifically clarifying in what circumstance such techniques are legal in protest situations.

The legality of profiling opponents to the Shell/Corrib project by An Garda Síochána including allegations of Garda practice of targeting particular individuals perceived as leaders or influential in the campaign and subjecting them to harassment, violence and targeted prosecutions.

The operation of all undercover police officers at protests against the Shell/Corrib gas project. In 2011, a British police officer Mark Kennedy was revealed to have been working as an undercover infiltrator of environmental movements between the years 2003-2010. In 2006, Kennedy spent time in Mayo, allegedly in the knowledge of the Gardaí, and gave direct action training to protestors during this time.

The circumstances surrounding the Pollathomas pier incident of 11th June 2007. On this day Gardaí are believed to have facilitated access to private land for Shell contractors against the consent of the landowner and used violence against 40 people who came to the landowner’s aid in blocking entrance to the land.

The circumstances surrounding the sinking of the ‘Iona Isle’ on the 13th June 2009, including the alleged failure of the Gardaí to respond to or properly investigate the incident. It is alleged that four masked men boarded the boat late at night, threatened the two crewmen aboard (both community campaigners) and caused irreparable damage below deck, leaving both men on the sinking vessel.

The circumstances relating to the promotion of selected Gardaí known to have worked on the Shell/Corrib gas police operation.

Allegations that Gardaí failed to respond to campaigners’ complaints of harassment, surveillance and assaults by private security contractors working for Integrated Risk Management Services (IRMS), the security company hired by Shell to work on the Shell/Corrib pipeline project, including allegations that Gardaí refused to take statements from individuals who had been assaulted by IRMS.

The relationship between An Garda Síochána and private security company IRMS including the issues of:

Allegations of Gardaí and private security cooperating in the policing of protests and of Gardaí taking orders from private security.

Allegations of private security illegally detaining campaigners and in some cases handing campaigners over to Gardaí.

Allegations of Gardaí arresting protestors on public road and bringing them into the Shell compound and detaining them there.

Allegations of Garda command and control being set up inside Shell compound in Glengad in 2009.

Retired Gardaí taking up positions with private security company IRMS.

The relationship between An Garda Síochána and Shell specifically investigating:

Details of all meetings between senior Garda officers and Shell management andthe purposes of those meetings including investigation into allegations of information sharing and coordination between An Garda Síochána and Shell.

Allegations of Gardaí receiving bribes from Shell by former Shell subcontractor, OSSL who allege to have delivered large quantities of alcohol to Gardaí in Belmullet in 2005, 2006 and2007. OSSL also allege that they came under pressure by the head of Shell Ireland to change a statement one of their employees had prepared to give to GSOC in which he had stated hearing Superintendent Joe Gannon saying “I’m going to drive these fuckers into the sea” before a Garda attack was launched.

Retired Gardaí taking up positions with Shell.

To date, 24 individuals have been jailed for their opposition to the Shell/Corrib gas project. In some of these cases, convictions were sought through the testimony of Gardaí alone and allegations have been made that some convictions were the result of questionable and, in some cases, verifiably false Garda evidence being accepted in court to convict campaigners. An investigation into these allegations is essential to determine whether individuals were wrongfully convicted and should extend to the office of the DPP and the judicial process.

This inquiry should include the effectiveness of An Garda Síochána Ombudsman Commission complaints process vis-a-vis the complaints made by community campaigners between 2007-to-present-day, paying particular attention to the decision of the DPP not to prosecute members of An Garda Síochána. It should also address allegations that GSOC did not engage in an independent inquiry into the tape controversy of 2011 instead pursing a media campaign of spin and misinformation and “blame the victim” tactics.

This inquiry should include the role of the Department of Justice, including but not limited to, the decision in 2007 of the then Minister for Justice not to permit GSOC to conduct a public interest inquiry.

This inquiry should make known details of all public money utilised to resource the Shell/Corrib police operation.

This list reflects a small sample of incidents and practices identified by campaigners and human rights organisations since 2006 relating to the Shell/Corrib gas police operation.

Alleged use of Glengad compound as a recruitment and training ground for mercenaries.

The alleged illegal filming of children by Shell’s agents together with the alleged failure of the Gardaí to investigate this.

This call for an independent public inquiry into the Shell/Corrib gas police operation is supported by the following groups and individuals:

THE SHELL TO Sea group have today called for an independent inquiry into the policing of the Corrib gas project. In a statement today, the group said it was calling for an investigation into the alleged incidents of violence and intimidation during the course of the policing operation.

SHELL BLOG

Comments

Dirty Rotten Scoundrels: So Shell has been caught with its pants down again, telling blatant lies, this time about the cleanliness of gas. All so that it can improve its clean credentials and make even more $$$. Can we believe anything they tell us? Where would we be without the likes of Friends of the Earth who bring Shell to task. Where does it say we are allowed to lie and mislead in our business principles? This is a great message from the leaders to the worker bees "Do as we say, not as we do". Im sure the paid Shell apologists will come on here and tell us we shouldnt pick on Shell and they are a caring company and we should be greatful for working for them and that John Donovan is to blame.

Bogus Group: A media article has revealed that Shell is already suffering from the legacy of BG Group negligence in maintaining safety critical equipment. The HSE have issued an improvement notice for failing to install gas detection equipment on the Lomond Platform, despite recommendations from two separate studies. A second improvement notice was issued for failing to test a High Integrity Protection System (HIPS) since 2014, despite the associated Performance Standard requirement to test annually. It could be assumed that Finlayson encouraged the infamous Brent TFA during his tenure at the helm of BG to maximise production volumes (an obsession with executives), at the expense of safety system testing. That assumption would not be entirely accurate, the same culture was evident in BG Group long before. Previous failures of a HIPS testing regime had been exposed at another BG operational location, yet despite this no one was held accountable. Maybe if they had been the ‘management team’ in question would not have been implanted in Aberdeen in 2012.
SEE: Shell gets two Lomond warnings from HSE

Who ya kiddin?: This Lower Forever strategy is something that has so obviously been dreamt up by HR and the bean counters so that the company can justify all the savage cost cutting and job culling. I find the company tactics revolting. Anyone with half a brain cell in the oil world knows that its only a matter of time before oil starts to motor upwards.

The second leak, a story in itself, but also what leaked, (HF) hydrogen fluoride is a very dangerous gas when it reacts with the atmosphere, also very harmful to health, look it up. Article does not say what volumes involved but the closure of this super sized plant is a big deal commercially apart from reputation issues.

Doomcaster: As much as I like some of Bill Campbell's articles this latest one is just going a bit too far. there are so many variables which will change the prognosis here that its almost impossible to predict the leakage potential of Prelude. The major ones are location and hydrocarbon profile. I wonder what Bill Campbell would advocate as a solution? It almost appears as if he wants to be in a position to say "I told you so" and not in a supportive mode of "this is what you could do". The safety cases for Prelude do of course look at spill scenarios and remediation is the key, none of us at Shell is naive enough to believe in the 100% carbon loss free situation but common sense, good engineering and good training will do a lot to combat what Bill sees as the inevitable. armchair criticism at its best.

SFA (Say F All): Reading Bill's comments has inspired me to chime in. Ruthless cost cutting is leading to such HSE incidents. The sacking of skilled and experienced staff is taking place all over the place. The risk level is being seen as acceptable where there is heavy cost injection required to be on the safe side. Nobody dares question this due to the HR assassins that are currently patrolling the corridors looking for their next victims.

'avin a larf!: You have to laugh when you read these documents which HR have produced. It must have been written by someone with verbal diarrhea. Expressions like "Focusing capability from both an organisational and locational design perspective to drive productivity, ideation and promote Agile ways of working" show just how far these people are away from the rest of us at the coal face. Some of the invented words (ideation) are superb ! I guess this is all to protect the jobs in HR as someone has to translate this BS into what happens in the real world. It appears we have regressed into the bad old days of buzzword bingo, how many buzzwords can we put into one document. Sigh.

The Fugitive: I am grateful for the information I read in the New York Times as being in the US we are far from whats happening in the American hating HQ. Such job culling decisions are made behind the scenes without just cause or any consultation and then we are told about it when all the decisions are already made. As for this being stolen property, I would love to see Shell try to take John Donovan to the courts again. I'm sure he and his attorney are licking their lips at such a (butt kicking) prospect.

REPLY BY JOHN

Sorry, no prospect of Shell suing me. I have a Shell internal communication stating that they decided long ago that any legal action against me is ruled out. Too much "internal laundry" that they do not want revealed in open court. So I have a free hand to say and publish whatever I want about Shell without fear of retribution. Always sticking to the truth, but perhaps prone to exaggeration as "Cash All Gone" suggests in the nicest possible way.

Cash All Gone: The "leaked" document is not so dramatic as you make it seem - every Shell employee can freely access it, including all the to-be org charts. Everyone should already have had a 1-on-1 conversation with their line manager on whether their job is at risk or not. So Shell is actually very transparently approaching this. On the VP musical chairs - numbers quoted are 50% of VPs would have to leave, and GM level even more. So the cull really cuts right through it...

Shell Job Cuts: How do we know that the Shell document referred to in the Reuters article is not fake? If genuine, and therefore stolen property, why would Shell allow you to publish any of the content?

REPLY BY JOHN DONOVAN

Shell was given the opportunity days ago by myself and more recently by Reuters to take issue with the authenticity of the 88 page document. I supplied extracts and offered BvB sight of the whole document in a security sanitised form. Shell had the option to ask me not to publish (I have accommodated high level requests from Shell previously when grounds were provided) or could have sought an injunction. Shell knew it was authentic and kindly provided comment for Reuters to use in their article.

Good News: PS Cadfael, why do you assume I am a man?

Good News: Cadfael, clearly you're living in the past. It sounds like you are one of those folks who expect you have a job for life. The staff numbers especially in the Head Offices have always been bloated and a legacy of high oil prices. Ben and his management team have taken what most sensible boards would have done. Look, for example, at the costs in Deepwater which have been reduced by over 50% by prudent management and getting rid of the 'good old boy' network. I agree it is not nice for people to lose their jobs, thankfully a lot of the losses have been with the older guys who ran laughing all the way to the bank leaving some of us in good positions. Yes I will look over my back but Shell isn't the only company in the world and people need to realize that protection of jobs comes at a cost. As for Ben looking "an aging, sorry, tired figure", I have never heard so much rubbish. I saw him two days ago and your statement could not be further from the truth. Sad false news I'm afraid.

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